Man convicted for 2013 Berry Creek marijuana grow, found not guilty of sales

OROVILLE &GT;&GT; A jury convicted a Chico man on Friday for cultivating marijuana at a grow in Berry Creek.

However, the Butte County Superior Court panel found defendant William Ian Anderson, 26, not guilty of possessing marijuana for sale last October.

Outside of court, defense attorney Stephana Femino said she was pleased the jury did the right thing on the sales charges. She felt the jury erred on the marijuana possession count.

"There is no evidence he had anything to do with the cultivation or harvesting of marijuana," Femino said.

During closing arguments, Femino said there was nothing to link Anderson or his brother to the grow — Anderson had purchased the Little Ridge Road property that was searched Oct. 24, but had leased it out to another person. She noted it was a relatively small operation, larger grows typically have 200 or more plants.

Deputy district attorney Kennedy Rizzuto argued the case was about money. No doctor's recommendations for medical marijuana were presented during the trial.

At the Berry Creek property, investigators found a combination of 25 growing plants in an area with 71 planting pots and marijuana being dried.

Assuming each planting pot had a plant yielding a minimum of three pounds of marijuana bud, Rizzuto said Anderson could have grown at least 213 pounds of bud worth at least $213,000. The marijuana could have been worth three times more if it had been transported back to Minnesota where Anderson is from, she said.

Parole search

The case began when officers discovered a small amount of marijuana during an Oct. 18 parole search of Anderson's Oleander Avenue residence in Chico. The defendant was taken into custody at that time.

Outside of court, Rizzuto said Anderson wasn't allowed to possess marijuana while on parole following a felony conviction in Oregon for transporting marijuana. Oregon State police had found 57 pounds of marijuana in the trunk of a rental car during a traffic stop for speeding near Klamath Falls on June 11, 2012, according to an Enterprise-Record report at the time.

The jury wasn't told about the prior conviction, Rizzuto said.

The prosecutor said during closing arguments that the house search led to the discovery of a deed for the Berry Creek property. Officers also found items of a commercial grow, including numerous food-saver bags and a large amount of cash in the attic.

Calls from jail

While in custody, Anderson made phone calls to his brother and mother, some of which were recorded. Rizzuto said the call to his brother indicated they were worried police would find the grow. To his mother, Anderson alleged asked her to remotely wipe the contents of his smartphone.

Rizzuto said Anderson had taken photos of the property going back to May 1, when a bulldozer was terracing the property for agricultural use. She argued the defendant wanted the property because it was being prepared to grow.

Two weeks later, the defendant made a first payment on the property and received the grant deed on May 21. Rizzuto said Anderson paid more than $99,000 for the property.

In the following months, Anderson allegedly paid for several improvements, including $13,250 for a well, $4,000 for soil amendments and additional payments for tractor services, fencing. The defendant also paid for a large army tent that was reportedly used for processing.

Property leased

Femino argued that Anderson invested in the property as part of a long-term plan to grow after his parole term was finished. In the meantime, the defendant had leased the property to a third party.

The third party's name and phone number were posted on a "No Trespassing" sign on the property. While the lease agreement doesn't have the payment line filled out, the document was notarized which Femino argued was an indication that it was legitimate.

Femino said none of the defendant's belongings were found at the Berry Creek site. She also noted that cut marijuana plants had apparently been cut after Anderson was taken into custody.

The defense attorney said she didn't know if the grow was legal or not, but pointed out that medical marijuana recommendations don't need to be posted at the site.

Judge Tamara Mosbarger set sentencing for Sept. 24. The defendant remains out of custody on bail.